C Edmund Wright is a poster here.....maybe you should contact him
The there is the issue of getting to the virtuous (low rate) side of the Laffer Curve. I have a pet theory for accomplishing this:
Yes, that would absolutely be the case - except for the effect of the rebate provision on the taxpayer who has paper gains which he can elect to realize. The taxpayer, aware of the rebate provision, would make the self-fulfilling prophecy that capital gains realizations would soar because if it did soar, the tax rate net of rebate would be much less than previously.
It is a mechanism whereby the market can take on the risk and gain the reward associated with tax policy. After a little experience with this proposed regime, the move could be made to slash the nominal cap gains tax rate down to, or below, the effective rate of the cap/rebate policy. This would be good policy because the cap gains tax is pernicious, and detrimental to revenue in the long run. It should actually be repealed.